What is diplomatic immunity, and does it apply to Grace Mugabe’s assault charge?

Mystery surrounds this latest international fracas involving Zim's First Lady

Zimbabwean First Lady Grace Mugabe listens to the address by President Robert Mugabe during the official opening of the last session of Zimbabwe's parliament on October 30, 2012 in Harare. The session was the last before next year's elections which are expected to end an uneasy coalition government Mugabe formed in 2009 with Prime Minister Morgan Tsvangirai. AFP PHOTO / Jekesai Njikizana (Photo credit should read JEKESAI NJIKIZANA/AFP/Getty Images)

Following Grace’s incredible disappearing act from the public eye yesterday, many speculate that she’s safe from the criminal charges she faces for assaulting a model with an extension cord.

The incident – which took place on Sunday night – saw Mrs Mugabe batter Gabrielle Engels with the plug, leaving her with lacerations to the forehead and scalp. Engels pressed charges, and Grace was initially co-operative.

Gabrielle Engels

Although she had agreed to turn herself in and meet with Fikile Mbalula, she has since gone into hiding and it’s presumed she is holed up somewhere in Johannesburg.

IF she was travelling with diplomatic immunity, Mugabe could not be arrested anyway given her status. Thankfully, AfricaCheck are on hand to help us out with this…

What is diplomatic immunity?

It is the protection from the criminal laws of the country they are visiting. Certain foreigners will be granted protection from state jurisdiction and given certain privileges

Who gets diplomatic immunity?

It is usually given to foreign politicians, ambassadors and yes, those on diplomatic missions. It also extends to their family members and accompanying personnel.

Does Grace Mugabe have diplomatic immunity?

The immunity is only in place for people who are visiting the country on official state business. It’s reported that Mugabe was travelling to visit her sons in a private capacity and therefore, can still face prosecution as diplomatic immunity doesn’t apply to her.

Deputy director-general of the department of international relations and cooperation, Clayson Monyela, told Africa Check:

“Grace Mugabe is appearing in court. The only way that can happen is if she was arrested or turned herself in. This wouldn’t have happened if she had diplomatic immunity.”

“In my case, when I travel on business, I use my diplomatic passport. But when I go on holiday, I have to use my private passport. I am not allowed to use my diplomatic passport.”

Can diplomatic immunity be revoked?

Yes. There are three ways that this could become a possibility, but it is highly unlikely Zimbabwe will invoke any of these for their first lady…

An offender travelling with diplomatic immunity can be declared a ‘person non grata’ by their home country – meaning they will be expelled from where they are visiting.

The country of origin could revoke immunity. In this case, this would require Zimbabwe to remove the immunity from Mrs Mugabe.

The country of origin could choose to prosecute the traveller when they arrive home.

This is not the first time the issue of diplomatic immunity has been raised because of Grace Mugabe’s actions. In 2009, Mugabe’s diplomatic immunity protected her from arrest after she allegedly assaulted a British photographer in Hong Kong and stan james promo code.

All research was carried out byKate Wilkinson & Anim van Wyk (15/08/2017)